Pages

Friday, 13 July 2012

Open Letter by Kenyan Civil Rights Activist to Director of Public Prosecutions

Mr. Keriako Tobiko,

The Director of Public Prosecutions,

19th Floor, NSSF Building,

P. O. Box 30701-00100,

Nairobi - Kenya.

Dear Sir,

Okiya Omtatah

RE: REQUEST TO ORDER CRIMINAL INVESTIGATIONS
AND POSSIBLE CRIMINAL PROSECUTION OF ALL THOSE INVOLVED IN THE FRAUDULENT
REGISTRATION OF POLITICAL PARTIES

We reasonably suspect that the Office of
the Registrar of Political Parties (ORPP) presided over a shambolic process of
ensuring that political parties complied with the Political Parties Act, 2011,
(PPA) before they were given full registration as by law required.

Apparently, due to the total lack of due
diligence and/or gross negligence on the part of the ORPP, political parties
out to beat the April 30, 2012, deadline disregarded the law and simply used
false party membership lists to fraudulently get registered.

For example, many Kenyans have since
publicly complained that their fundamental rights and freedoms were grossly
violated when they were fraudulently made members of political parties they
don’t associate with, or didn’t even know existed.

Given the above facts, we reasonably
suspect that the said full registrations the ORPP conferred on political
parties are a product of corruption, constitute patent falsehoods, and amount
to the criminal offences of fraud and perjury, for which criminal
investigations and possible prosecution should be undertaken against employees
of the Office of the Registrar of Political Parties and the principal officers
of the offending political parties. Section 47 of the PPA declares that an
offence under the PPA is cognizable by the police.

Kindly, given that forgery, perjury and
all forms of corruption are serious crimes, we request that you protect the
public interest by urgently exercising your powers under Article 157(4) of the
Constitution to direct the Commissioner of Police to criminally investigate
employees of the ORPP and the principal officers of all fully registered
political parties with a view to criminally prosecuting any offenders.